POLS 385 Lecture Notes - Lecture 1: William Marbury, Thurgood Marshall
22 Oct 2016
School
Department
Course
Professor
Document Summary
Marbury v. madison: first supreme court case to apply the principle of judicial review. Judicial review is the power of the federal courts to void acts of congress in conflict with the constitution. This served to make the judicial branch on par with the executive and the legislature: william marbury was one of the appointees who didnt recieve their ocmmission because of jefferson"s order to sos madison not to deliver them. He commanded that the sc order a writ of mandamus, which would have compelled madison to deliver the testimony: chief justice marshall answered three questions here. Marbury did indeed have the right vecause he was properly appointed by the procedures established by law. Yes, because he was properly appointed, the courts had a duty to protect his rights, even if it was against the president. Essentially upheld the idea of rule of law. If they could, did the supreme court itself have the power to issue such a writ.
